Kolkata: The Calcutta High Court has upheld the conviction and sentence of a man for rape, holding that consent obtained on the basis of a false promise of marriage amounts to consent given under a misconception of fact and has no legal validity.
Dismissing the criminal appeal, Justice Tirthankar Ghosh held that the evidence showed the accused never intended to marry the victim from the very inception and used the promise of marriage to continue a physical relationship after the initial incident.
The case arose from a complaint by a woman from North Dinajpur, who alleged that the accused, a neighbour residing close to her house and a frequent visitor, entered her home one afternoon when she was alone, gagged her and raped her. She stated that the accused later promised to marry her, swearing upon religious texts, and asked her not to disclose the incident.
Relying on this assurance, the woman continued to meet the accused at a bamboo grove near her house, where they had repeated sexual relations. She later conceived.
The court recorded that when the woman disclosed her pregnancy, the accused initially assured her of marriage and asked her to visit his family. However, when she went to his house, he later refused to marry her, citing her pregnancy, and insisted that she undergo an abortion. The woman alleged that when she declined, the accused attempted to forcibly administer a liquid substance to her, following which she managed to escape.
A village meeting was subsequently convened, where the accused accepted his conduct and agreed to fix the marriage on a specific date. However, he later fled from his residence and did not honour the commitment, a circumstance the court found relevant while assessing his intent.
The defence argued that the relationship was consensual, that the woman was a major, that there was delay in lodging the complaint, and that no DNA test had been conducted to establish paternity of the child. Rejecting these submissions, the court reiterated that the sole testimony of the prosecutrix can sustain a conviction if it is reliable and trustworthy, and that consent obtained through deception does not amount to lawful consent. The court found the woman’s testimony consistent and corroborated by medical and other evidence. The court confirmed the conviction and the sentence of seven years’ rigorous imprisonment and fine.